Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:01-cr-00268-EWN
PROB 12 (02/05-D/CO)

Document 62

Filed 11/23/2007

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Martin Gonzalez-Herrera Docket Number: 01-cr-00268-EWN-02

Petition Requesting the Issuance of a Warrant due to Violation of Supervised Release COMES NOW, Rod L. Waldo, probation officer of the court, presenting an official report upon the conduct and attitude of Martin Gonzalez-Herrera who was placed on supervision by the Honorable Edward W. Nottingham sitting in the court at Denver, on the 6th day of December, 2002, who fixed the period of supervision at three (3) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment. The defendant will be required to pay the cost of treatment as directed by the probation officer. If the defendant is deported, he shall not reenter the United States illegally. If the defendant reenters the United States legally, he is to report to the nearest U.S. Probation Office within 72 hours of his return.

2.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a supervised release violation warrant to be lodged as a detainer. ORDER OF THE COURT Considered and ordered this 23rd day of November, 2007, and ordered filed under seal and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/ Rod L. Waldo Rod L. Waldo Senior United States Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief United States District Judge Place: Denver, Colorado Date: November 21, 2007

Case 1:01-cr-00268-EWN

Document 62

Filed 11/23/2007

Page 2 of 2

ATTACHMENT The defendant has committed the following violations of supervised release: 1) VIOLATION OF SPECIAL CONDITION (Reentering the United States Illegally After Deportation)

On or about November 12, 2007, the defendant was found in the United States without legal authorization. This is a Grade C violation of supervised release. This charge is based on the following facts: On September 13, 2002, the defendant was convicted in the District of Colorado, Case Number 01-cr-00268EWN-02, for Unlawful Reentry of an Alien After Deportation, in violation of 8 U.S.C. § 1326(a) and (b) (1). He was sentenced on December 6, 2002, to 46 months custody of the Bureau of Prisons to be followed by three years of supervised release. On February 14, 2005, the defendant was deported through Del Rio, Texas, to the Republic of Mexico. The defendant was arrested by officers of the Platteville, Colorado Police Department on November 12, 2007, for No Proof of Insurance, Driving When Revoked, and Felony Criminal Impersonation. At the time of his arrest he was using the name Eliso Lopez-Navarro. He bonded out of the Weld County jail on November 12, 2007.